That headline pretty much summarizes the final question Federal Judge Frederick Kapala had to decide in whether or not to dismiss former McHenry County Sheriff Deputy Scott Milliman’s wrongful termination suit.
The Judge points out it had to determine “whether the constitutional right violated was clearly established when defendants engaged in their retaliatory actions…
“In this case, it means that Milliman must show that the law was clearly established that a sheriff could not terminate a deputy sheriff for providing true testimony, pursuant to a subpoena and while under oath, that the sheriff and other deputies had engaged in illegal and otherwise corrupt activities.”
The Judge then cites the 2007 case of Morales v. Jones.
The case found that a police chief could not take retaliatory action against a subordinate for exposing corruption by the chief in a sworn deposition in a civil case.
“Accordingly, based on the facts as alleged in the complaint,” Kapala wrote, “Milliman has met his burden to demonstrate that the law was clearly established at the time of the violation, and therefore this court declines to dismiss Milliman’s complaint based on [a concept called] ‘qualified immunity.'”
Milliman’s wrongful termination suit was filed in December, 2011.
He was fired on August 17, 2011.
To read the entire decision, click here.
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Article one is here.
Article two is here.